Decision in latest round of whistleblower's egg case expected next week

Thursday, April 7, 2011

by BETTER FARMING STAFF

Ontario’s self-proclaimed egg industry “whistleblower” was back in a London courtroom on Wednesday to protect the terms of a legal action he’s brought against his former employer.

In a nearly deserted courtroom on the London courthouse’s 11th floor, Norman Bourdeau watched, sometimes leaning forward as if listening intently, as lawyers hashed out the reasons for and against dropping some of the terms of a legal action he has brought against his former employer, L.H. Gray & Son Limited, one of Canada’s largest egg graders.

On the far side of the room sitting on a public bench was John Leitch, L. H. Gray’s chief financial officer.

At the centre of the arguments that unfolded before Ontario Superior Court Justice Christopher Bondy was a counterclaim filed by Norman Bourdeau against L.H. Gray as well as Leitch, William Harding Gray, the company’s president, and Scott Brookshaw, its vice president of processing.

Bourdeau, who lives in London, alleges company officials threatened to fire him if he did not sign a confidentiality agreement, wrongfully terminated his contract and diminished his business reputation through defamatory statements. He is claiming $25 million in damages.

The company and the other defendants filed a motion in January that asked the judge to strike Bourdeau’s claims alleging defamation, conspiracy “and other tortuous conduct” as well as his claims against the individuals named.

On Wednesday, Allison Webster, L.H. Gray’s lawyer, argued that the claims of defamation and conspiracy were very serious but there were too few details to back them and that’s why they should be removed. No dates or places were provided in connection with the allegations of conspiracy, she said by way of example. There was no context. What’s in the counterclaim is “entirely deficient,” she said.

She also argued that company president Bill Gray was acting on the company’s behalf and not his own when negotiating a contract that Bourdeau alleges was breached, so should not be individually identified in the action. If the claims of defamation and conspiracy are scrapped the other individuals named should also be removed, she said.

Webster did not challenge the details connected to Bourdeau’s allegation of wrongful dismissal.

Rod Refcio, Bourdeau’s lawyer, argued that to strike the allegations at this point was “completely inappropriate.” It should be let up to the trial judge to decide, he said.

As the nearly four-hour session wrapped up, Justice Bondy told the lawyers that he would release his decision and reasons in about a week.

On March 1, an Ontario Superior Court judge in London sealed all documents connected to the Strathroy egg marketing company’s legal action against its former employee.

The injunction prohibits Bourdeau from providing electronic or documentary information obtained from L. H. Gray to "federal or provincial regulatory agencies or law enforcement agencies." It also bans Bourdeau from "communicating or attempting to communicate, directly or indirectly, verbally or in writing" any of his allegations against L. H. Gray with anyone the company does business with as well as members of the public.

The company is suing Bourdeau, its former information technology specialist, for breach of fiduciary duty, confidentiality, good faith obligations, defamation and intentional interference in economic relations. It’s claiming $15 million in damages.

All claims have yet to be proven in court.

On Wednesday, Webster noted that the terms of the order were restricted to the injunction and did not cover the motion connected to Bourdeau’s counterclaim. BF